Excelsior Correspondent
JAMMU, Sept 9: The High Court of Jammu & Kashmir and Ladakh has granted bail to Jagay Kumar, who had been in custody for over two years in connection with a rape case registered in Udhampur.
Justice Rajesh Sekhri, while pronouncing the order, observed that further incarceration of the accused would serve no purpose as key prosecution witnesses had already been examined and the remaining witnesses were only formal in nature.
Kumar was facing trial under Sections 376(2)(h), 452 and 506 of the Bharatiya Nyaya Sanhita (earlier IPC), after a complaint lodged on August 6, 2023, alleged that he had forcibly entered the house of a pregnant woman on July 26, 2023 and raped her. The complaint was filed by the woman’s husband, Joginder Kumar, who claimed the accused threatened his wife with dire consequences if she revealed the incident.
During investigation, police added the aggravated charge of rape on a pregnant woman under Section 376(2)(h). The woman was later hospitalized at SMGS Hospital, Jammu, where she underwent surgery for a ruptured ectopic pregnancy.
The trial court had earlier rejected Kumar’s bail plea citing the seriousness of the charges. However, in appeal, his counsel argued that testimonies of the prosecutrix and other key witnesses were contradictory on material aspects, the FIR was delayed by 11 days, and the medical evidence pointed to complications of ectopic pregnancy rather than sexual assault.
After hearing both sides, the High Court noted that the prosecution had already examined the complainant, the prosecutrix, and the medical officer, while reports of the accused’s potency test and mobile tower location were still awaited. The court held that a detailed analysis of evidence was not permissible at the bail stage, but found reasonable doubt in the prosecution’s case.
“Since the applicant has remained in custody for over two years and the remaining witnesses are only formal, further incarceration shall not serve any purpose,” Justice Sekhri observed. The court also reiterated that bail is a matter of balancing the right to liberty with the interests of justice, and that presumption of innocence remains until guilt is proved.
Kumar was ordered to be released on bail upon furnishing a surety bond of Rs 1 lakh and a personal bond of the same amount. He has been directed to appear regularly before the trial court, not to influence witnesses, and not to leave the jurisdiction without permission.
Follow our WhatsApp channel
